Supreme Court upholds state transgender sports bans

The Supreme Court on Monday handed female sports back to females, ruling 6-3 that Idaho and West Virginia may bar transgender athletes from girls' and women's teams. The decision in West Virginia v. B.P.J., joined with Idaho's Little v. Hecox, reverses the Fourth and Ninth Circuits and vindicates two state laws, the Save Women's Sports Act and the Fairness in Women's Sports Act, that set athletic eligibility by biological sex.

Justice Kavanaugh, writing for the majority, held that "sex" in Title IX has always meant biological sex, not gender identity, and that the Constitution lets states protect female athletes' safety and competitive fairness without granting individualized exemptions. Notably, every justice agreed the Title IX claim failed.

The Court refused to let unelected judges micromanage women's sports, deferring to state legislatures. Twenty-seven states have passed similar laws.

The ruling permits these state laws, it does not impose a national ban, and expressly left open whether states may still choose to allow transgender athletes to compete.